This case was heard in the Federal Court of Canada.
After a Prothonotary struck seven affidavits that the Ecology Action Centre (“EAC”) had filed in support of its application for judicial review, the EAC appealed the Prothonotary’s decision. The Court held that the Prothonotary’s decision had not been based upon an incorrect application of a legal principle or a misapprehension of the facts and had not raised questions that were vital to the final issue in the case. The Court therefore held that deference should be shown to the Prothonotary’s decision, and it dismissed the EAC’s appeal.
To read related decisions, go to Ecology Action Centre Society v. Canada (Attorney General), 2001 FCT 1164 (CanLII) and Ecology Action Centre Society v. Canada (Attorney General), 2004 FC 1087 (CanLII).